NSW Caselaw
New South Wales Supreme Court
CITATION : Pacific General Securities Ltd & Anor v Soliman & Sons Pty Ltd & Ors [2005] NSWSC 378
HEARING DATE(S) : 14 April 2005
JUDGMENT DATE : 14 April 2005
JURISDICTION : Equity Division
JUDGMENT OF : McDougall J at 1
DECISION : Refer paragraph 42 and following
CATCHWORDS : Building and construction - Building and Construction Industry Security of Payment Act 1999 - Where injunction sought to restrain enforcement of adjudication determination - Adjudication application - Whether failure to comply with basic and essential requirement of the Act - Whether denial of natural justice - Whether notice of acceptance of application served on plaintiffs - Where service is taken to be effective upon receipt - Whether notice of application received by plaintiffs - Where unchallenged evidence of system and non receipt - No question of principle.
LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999
Connor v Blacktown District Hospital [1971] 1 NSWLR 713 CASES CITED : Brodyn Pty Limited v Davenport [2004] NSWCA 394 Hunter Douglas Australia Pty Ltd v Perma Blinds (1968) 122 CLR 49 at 65-66
P: Pacific General Securities Limited and Finmore Holdings Pty Limited D1: Soliman & Sons Pty Limited PARTIES : D2: The Institute of Arbitrators and Mediators Australia D3: David Campbell-Williams
FILE NUMBER(S) : SC 55029/05
P: SA Kerr COUNSEL : D1: JJ Young D2: Submitting
P: Gadens Lawyers, Sydney SOLICITORS : D1: Colin Biggers & Paisley, Sydney D2: Cowley Hearne, Sydney
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